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Bad Faith Insurance Cancellation: Insurer Liability for Retaliatory Practices After Claims Are Filed

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, March 28, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss wrongful insurance policy cancellation leading to bad faith, policyholder rights and remedies, and insurer perspectives. The program will also offer possible solutions if an insurer refuses to renew coverage in retaliation for the policyholder's successfully enforcing its rights under the policy.


Unexpected loss of coverage can cause extreme hardship. Thus, insurers must handle cancellation of policies in good faith in accordance with the insurance policy and applicable law. Failure to do so can lead to not only breach of contract damages but also to damages for bad faith, including punitive damages.

Unlawful or retaliatory cancellation often arises after the policyholder has given notice of loss. Evidence of bad faith claims handling or settlement practices may also be present and could be cited by the policyholder as further evidence of bad faith cancellation.

Similar bad faith liability and concerns may also arise when an insurer refuses to renew coverage in retaliation for the policyholder's successfully enforcing its rights under the policy. Even in states with statutes that prohibit such practices, policyholders may have to address the concern.

Listen as this premier panel discusses recognizing bad faith cancellation or retaliatory actions by insurers, explores policyholder remedies, and reviews tips for avoiding bad faith.



  1. Insurer right to cancel
    1. Timing
    2. Procedure and prerequisites
    3. Effective date of cancellation
  2. Badges of wrongful cancellation and bad faith
  3. Potential claims
  4. Parties entitled to assert bad faith and assignment of bad faith claims
  5. Burdens of proof
  6. Evidence
  7. Damages
  8. State unfair trade practices statutes
  9. Retaliatory nonrenewal
  10. Reinstatement


The panel will discuss these and other key issues:

  • What makes a cancellation or non-renewal "wrongful"?
  • Does an insurer act in bad faith if it cancels or refuses to renew a policy in retaliation for lawful policyholder action?
  • Are there circumstances when an insurer must reinstate a policy that was canceled due to policyholder error or ignorance?


Tammaro, Katherine
Katherine E. Tammaro

Wilson Elser

Ms. Tammaro has nearly 25 years of experience representing insurance companies in complex coverage matters throughout...  |  Read More

Vespole, Mark
Mark R. Vespole

Wilson Elser

Mr. Vespole is a trial lawyer who also counsels and represents financial institutions, insurers and corporations and...  |  Read More

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